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Do You Copy Right or Do You Use Fairly? A Study of Copyright and Fair Use by Elease Franchini "Certain materials are included under the fair use exemption.

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Presentation on theme: "Do You Copy Right or Do You Use Fairly? A Study of Copyright and Fair Use by Elease Franchini "Certain materials are included under the fair use exemption."— Presentation transcript:

1 Do You Copy Right or Do You Use Fairly? A Study of Copyright and Fair Use by Elease Franchini "Certain materials are included under the fair use exemption of U.S. Copyright Law and have been prepared according to the educational multimedia fair use guidelines and are restricted from further use.“ ROYALTY FREE MUSIC by Soundzabound

2 When Did All This Copyright Concern Begin? PUBLIC DOMAIN We now have the ability to not only mass produce printed material, we can also: Record Copy and paste Download Burn Post Embed

3 What is Protected? Poetry movies CD-ROMs video games videos plays paintings sheet music recorded music performances novels software code sculptures photography choreography architectural designs All tangible creative works are protected by copyright immediately upon creation. Rebopper photostream

4 What is not covered by Copyright? FACTS! “However, the creative selection, coordination and arrangement of information and materials forming a database or compilation may be protected by copyright. Note, however, that the copyright protection only extends to the creative aspect, not to the facts contained in the database or compilation.”

5 How long does Copyright last? Individuals – On or after 1978 Life + 70 years Corporate authors – On or after /120 years Works after 1923 and before years

6 What’s in the Public Domain? A public domain work is a creative work that is not protected by copyright and which may be freely used by everyone. Creative works are placed in the public domain when: the term of copyright for the work has expired the author failed to satisfy requirements to maintain the copyright or the work is a work of the U.S. Government. Note: All digital works that are not copyrighted with a symbol or note are still considered copyrighted under existing digital laws. Even if something that you use in a project, paper, or report is in the public domain, you still have to cite the source and author of the work to avoid committing plagiarism.

7 Myths about Copyright 1."If it doesn't have a copyright notice, it's not copyrighted." 2."If I don't charge for it, it's not a violation." 3."If it's posted to the Internet, it's in the public domain." 4."If I make up my own story but base them on another work, my new work belongs to me."

8 “Using someone else's copyrighted materials is just free advertising for the copyright owner.” “This is a government work so it is copyright free.” “Copyright violation is a small thing and if I get caught, nothing will happen to me.”

9 Why Bother? It’s the law – and there are copyright police out there – 1. MPAA – Motion Picture Association of America 2. RIAA - Recording Industry Association of America 3. Digital rights management - limit usage of digital media or devices 4. Real penalties Statutory fines: $200 to $150,000 (Chapter Remedies for infringement: Damages and profits) Commercial: $500,000/5 years to $1,000,000/10 years

10 What about Fair Use? "Fair Use" is a set of guidelines within the copyright law that allows for the limited use of copyrighted works without first obtaining the permission of the author or owner. These fair use guidelines make it possible for you and your students to use parts of published works in projects, research papers, and reports you write for classes without violating copyright laws. There are 4 Factors that determine FAIR USE.

11 1. The purpose and character of the use: Does the new work transform the original work or offer something beyond the original? Copyrighted works that are altered significantly are more likely to be considered fair use. Is the use for nonprofit or educational purposes? Copyrighted works used for nonprofit or educational purposes are more likely to be considered fair use.

12 2. The nature of the copyrighted work: Is the copyrighted work published or unpublished? Use of published works are more likely to be considered fair use. Is the original work out of print? Use of out of print works are more likely to be considered fair use. Is the copyrighted work factual or creative? Use of factual works are more likely to be considered fair use.

13 3. The amount and significance of the portion used in relation to the work as a whole: Is the amount of the original work used reasonable? The smaller the percentage of the work used, the more likely it is to qualify as fair use. Is the section of the original work used the most important part of the work? The less significant the portion of the work used, the more likely it is to be considered fair use.

14 4. The effect of the use upon the potential market for or value of the work: Does the new work appeal to the same audience as the original work? Copyrighted works that are used for another purpose or designed to appeal to a different audience are more likely to be considered fair use.

15 The guidelines also limit the amount of copyrighted multimedia material that can be included in educational projects to up to three minutes or 10 percent, whichever is less, of a single copyrighted motion media work. up to 10 percent or 1,000 words, whichever is less, of a single copyrighted work of text. an entire poem of less than 250 words or up to 250 words of a longer poem but no more than three poems by one poet or five poems by different poets from a single anthology.

16 up to 30 seconds or 10 percent, whichever is less, of music and lyrics from a single musical work. up to five photographs or illustrations by one person and no more than 15 images or 10 percent, whichever is less, of the photographs or illustrations from a single published work. up to 2,500 fields or cell entries or 10 percent, whichever is less, from a numerical database or data table.

17 Students and Fair Use The Fair Use Guidelines For Educational Multimedia allow students who create educational multimedia projects containing copyrighted materials to use their projects for educational uses in the course for which they were created. portfolios as examples of their academic work. personal uses such as job and graduate school interviews. l

18 Specifically... The guidelines require that all multimedia projects that include copyrighted materials: credit the sources, display the copyright notice, and provide copyright ownership information. (The credit identifies the source of the work, including the author, title, publisher, and place and date of publication. The copyright ownership information includes the copyright notice, year of first publication, and name of the copyright holder.)

19 Moreover... state on the opening screen and on any accompanying print material a notice that certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use. Example: "Certain materials are included under the fair use exemption of U.S. Copyright Law and have been prepared according to the educational multimedia fair use guidelines and are restricted from further use."

20 clearly mark the materials as a student project with the specific class, date of the presentation or project, and complete university information. do not contain materials that have been altered or separated from original content for reuse.

21 Educators who create educational multimedia projects containing original and copyrighted materials may use those projects for face-to-face student instruction. directed student self-study. real-time remote instruction, review, or directed self-study for students enrolled in curriculum-based courses, provided there are no technological limitations on access to the multimedia project and that the technology prevents copying of the copyrighted material. teaching courses for a period of up to two years after the first instructional use. After two years, educators must obtain permission for each copyrighted portion in the project. presentation at peer workshops and conferences. such personal uses as tenure review or job interviews.

22 Storage No more than two copies of a project may be made. One copy may be retained by the creator; the other must be held in the school's library or media center. Students may not make their own copies of copyrighted instructional materials used by instructors in class. Projects cannot be replicated or distributed for any purpose other than those listed in the guidelines without obtaining permission from all copyright owners. Students may keep in portfolio for life. Teachers may use for two years, after that permission is required.

23 Posting to the Internet Images may not be reposted onto the Internet without permission. Sound or music files may not be copied and posted on the Internet without permission. Projects using “borrowed” images and files for class may not be reposted to the internet without permission for these files. What is used in the classroom is seen differently than what is used WORLDWIDE on the web! Erroneously posting copyrighted material to your own Web site carries even greater risks than innocently using copyrighted material in your class work.

24 Creative Commons “A new ‘copyleft license’ aimed at flexible handling of copyright protection for all kinds of creative work (books, websites, blogs, photographs, films, videos, songs and other audio & visual recordings). It is intended to preserve the intellectual property rights of publishers as well as to allow legal modification and distribution by the consumer. “

25 How Does CC Work? License your work - Creative CommonsLicense your work - Creative Commons via kwoutkwout Creative Commons provides free tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry. CCAudioCCAudio CCImagesCCImages

26 Finding Podsafe Music Content Creative Commons AVOID these type of sites: d=a

27 Finding Copyright-Free Images Teacher Image SearchingStudent Image Searching openphotoEduPic Wikimedia CommonsPics4Learning Free Photos BankAmerican Memory Collection MorgueFileGreat Images in NASA (GRIN) Flickr's Creative Commons PoolSmithsonian Image Archives Picsearchhttp://www.openclipart.org/ FreefotoUS Government Photos and Multimedia

28 Professor Eric Faden of Bucknell University film-program/film/a-fair-y-use-tale

29 CCSD NOTES When using Soundzabound, we—teachers and students-- are required by license to include the following in our presentations/websites: ROYALTY FREE MUSIC by Soundzabound


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